BILL NUMBER: AB 1144 CHAPTERED
BILL TEXT
CHAPTER 470
FILED WITH SECRETARY OF STATE SEPTEMBER 26, 2006
APPROVED BY GOVERNOR SEPTEMBER 26, 2006
PASSED THE ASSEMBLY AUGUST 22, 2006
PASSED THE SENATE AUGUST 17, 2006
AMENDED IN SENATE AUGUST 14, 2006
AMENDED IN SENATE AUGUST 7, 2006
AMENDED IN SENATE AUGUST 30, 2005
AMENDED IN SENATE JULY 7, 2005
AMENDED IN ASSEMBLY APRIL 25, 2005
AMENDED IN ASSEMBLY APRIL 12, 2005
INTRODUCED BY Assembly Member Harman
(Coauthor: Assembly Member Cohn)
FEBRUARY 22, 2005
An act to add Section 115755 to, and to repeal and add Article 1
(commencing with Section 115725) of Chapter 4 of Part 10 of Division
104 of, the Health and Safety Code, relating to playground safety.
LEGISLATIVE COUNSEL'S DIGEST
AB 1144, Harman Playground safety standards.
Existing law requires the State Department of Health Services, in
consultation with specified other agencies and entities, to adopt
regulations for the design, installation, maintenance, inspection,
supervision where appropriate, and training of personnel involved in
the design, installation, and maintenance, of playgrounds either
operated by public agencies or operated by any entity where the
playground is open to the public.
The bill would repeal the laws governing playground safety
standards on January 1, 2008. As of January 1, 2008, this bill would
continue to require the State Department of Social Services to
convene a working group to make recommendations to the Legislature
for minimum safety requirements for playgrounds, as specified. This
bill would also require all new playgrounds open to the public and
all playgrounds open to the public which were installed between
January 1, 1994, and December 31, 1999, to conform with
playground-related standards set by the American Society for Testing
and Materials and the playground-related guidelines set by the United
States Consumer Product Safety Commission, as specified. Equipment
or modification of components inside existing playgrounds would also
have to conform to the playground-related standards set by the
American Society for Testing and Materials and the playground-related
guidelines set by the United States Consumer Product Safety
Commission, as specified.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 115755 is added to the Health and Safety Code,
to read:
115755. This article shall remain in effect only until January 1,
2008, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2008, deletes or extends
that date.
SEC. 2. Article 1 (commencing with Section 115725) is added to
Chapter 4 of Part 10 of Division 104 of the Health and Safety Code,
to read:
Article 1. Playgrounds
115725. (a) All new playgrounds open to the public built by a
public agency or any other entity shall conform to the
playground-related standards set forth by the American Society for
Testing and Materials and the playground-related guidelines set forth
by the United States Consumer Product Safety Commission.
(b) Replacement of equipment or modification of components inside
existing playgrounds shall conform to the playground-related
standards set forth by the American Society for Testing and Materials
and the playground-related guidelines set forth by the United States
Consumer Product Safety Commission.
(c) All public agencies operating playgrounds and all other
entities operating playgrounds open to the public shall have a
playground safety inspector, certified by the National Playground
Safety Institute, conduct an initial inspection for the purpose of
aiding compliance with the requirements set forth in subdivision (a)
or (b), as applicable. Any inspection report may serve as a reference
when the upgrades are made, but is not intended for any other use.
(d) Playgrounds installed between January 1, 1994, and December
31, 1999, shall conform to the playground-related standards set forth
by the American Society for Testing and Materials and the
playground-related guidelines set forth by the United States Consumer
Product Safety Commission not later than 15 years after the date
those playgrounds were installed.
(e) For purposes of this section, all of the following shall
apply:
(1) An "entity operating a playground open to the public"
includes, but is not limited to, a church, subdivision, hotel, motel,
resort, camp, office, hospital, shopping center, day care setting,
and restaurant. An "entity operating a playground open to the public"
shall not include a foster family home, certified family home, small
family home, group home, or family day care home, which is licensed
and regulated to meet child safety requirements enforced by the State
Department of Social Services.
(2) "Playground" means an improved outdoor area designed,
equipped, and set aside for children's play that is not intended for
use as an athletic playing field or athletic court, and shall include
any playground equipment, fall zones, surface materials, access
ramps, and all areas within and including the designated enclosure
and barriers.
(f) Operators of playgrounds in child care centers regulated by
the California Department of Social Services (CDSS) pursuant to Title
22 of Division 12 of Chapter 1 of the California Code of Regulations
and facilities operated for the developmentally disabled, shall
comply with the requirements established in this section.
(g) (1) No state funding shall be available for the planning,
development, or redevelopment of any playground, unless the
playground, after completion of the state-funded project, will
conform to the requirements of subdivision (a) or (b), as applicable.
However, where state funds have been appropriated to, or allocated
for, a playground project prior to the effective date of this section
but the section becomes effective prior to the completion of the
project, that funding shall be maintained, as long as the playground
is altered to conform to the requirements of subdivision (a) or (b),
as applicable, to the extent the alterations can be made without
adding significantly to the project cost.
(2) After the date by which an entity is required to conform its
playground to satisfy requirements of this section, no state funding
shall be available for the operation, maintenance, or supervision of
the playground unless the playground conforms to the applicable
requirements of the section.
115730. (a) The State Department of Social Services shall
convene a working group to develop recommendations for minimum safety
requirements for playgrounds at child care centers.
(b) The working group shall include, but not be limited to, child
care center operators, including representatives of the Professional
Association for Childhood Education, the California Child Care Health
Program, the Children's Advocacy Institute, the State Department of
Health Services, and certified playground inspectors.
(c) The working group shall use the national guidelines published
by the United States Consumer Product Safety Commission and those
regulations adopted pursuant to this article as a reference in
developing its recommendations. However, the State Department of
Social Services shall determine minimum safety requirements that are
protective of child health on playgrounds at child care centers.
(d) The working group shall submit its playground safety
recommendations to the State Department of Social Services by
September 1, 2001.
(e) The working group shall submit its recommendations to the
Legislature by November 1, 2001.
(f) This section shall be construed as a continuation of former
Section 115736.
115735. This article shall become operative on January 1, 2008.